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STATE, DEPT. OF CORR. v. HENDRICKS-PEARCE

No. S-13602.

254 P.3d 1088 (2011)

STATE of Alaska, DEPARTMENT OF CORRECTIONS, Appellant, v. Anita HENDRICKS-PEARCE, Personal Representative of the Estate of Dewell Pearce, Appellee.

Supreme Court of Alaska.

June 24, 2011.

Attorney(s) appearing for the Case

Dale W. House , Assistant Attorney General, Anchorage, and Daniel S. Sullivan , Attorney General, Juneau, for Appellant.

Ted Stepovich , Anchorage, for Appellee.

Before: CARPENETI, Chief Justice, FABE and WINFREE, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

The State of Alaska provided a prisoner extensive medical care during his incarceration. Around the time of his release from custody, the prisoner won a medical malpractice judgment against the State. The State paid part of the judgment but, relying on a reimbursement statute, withheld the medical care costs associated with conditions unrelated to the malpractice claim. The State then sought declaratory...

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